The Board granted restoration of a 40% rating for right and left lower extremity radiculopathy, awarded SMC at a half step, and remanded several issues including increased ratings for the back disability and radiculopathies.
The deciding factor: Improvement in ability to function under ordinary conditions was not demonstrated, thus reductions were improper. Additional compensation at the half-step level is warranted based on combined service-connected disabilities exceeding 50% but less than 100%.
- Claimed conditions
- right lower extremity radiculopathy, left lower extremity radiculopathy, obstructive sleep apnea (OSA), lumbar spine back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- A25039951
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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